Staff Notes AV 32-11_Robertson_06 22 11
Town of Queensbury
Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 32-2011
Project Applicant: David Robertson
Project Location: 27 Meadow Drive
Meeting Date: June 22, 2011
Description of Proposed Project:
Applicant proposes construction of a 1,560 sq. ft. single-family residence with a 400 sq. ft. deck.
Relief Required:
Parcel will require area variances as follows:
1.Shoreline – Request for 12.1 feet of shoreline setback relief for the 75 foot requirement for the
MDR zone.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1.
Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of this area variance.
Minor
impacts to the neighborhood may be anticipated.
2.
Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance.
Lot limitations appear to preclude any feasible
alternative other than an area variance concerning setbacks to the wetland.
3.
Whether the requested area variance is substantial.
The request for 12.1 feet or 16% relief from
the 75 foot shoreline setback requirement as per §179-3-040 may be considered minor to moderate
relative to the code.
4.
Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
Development adjacent to wetlands
could have an adverse impact on the environmental conditions in the neighborhood; however, with
proper erosion and sediment controls these concerns could be mitigated if not eliminated.
5.
Whether the alleged difficulty was self created
. The difficulty may not be self created as lot
limitations appear to create the difficulty.
Parcel History (construction/site plan/variance, etc.):
SP 37-2011 SFD W/in 50 feet of 15% slopes Pending
FW 3-2011 Disturbance w/in 100 feet of shoreline Pending
Staff comments:
Due to the proximity of wetlands, the amount of clearing relative to lot size, and the presence of slopes in
excess of 15%, the Zoning Board of Appeals may wish to direct the applicant, as a condition of approval,
to follow the New York State Standards for Erosion Control by utilizing Appendix E Erosion and
Sediment Control Plan for Small Homesite Construction. In particular, silt fencing, vegetative stabilization
and construction entrances should be considered as per referenced document.
SEQR Status:
Type II-no further action required.
L:\Keith Oborne\2011 Staff Notes\Zoning\June 22\AV 32-11_Robertson_06 22 11.doc
Zoning Board of Appeals
Community Development Department Staff Notes